India: Death sentence commuted to life imprisonment without possibility of remission

India’s Supreme Court on Sept 24, 2026 commuted the death sentence of a man convicted of sexually assaulting and murdering his six-year-old stepdaughter in Madhya Pradesh, but directed that he remain in prison for the rest of his natural life without the possibility of remission.

The bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Vijay Bishnoi upheld his conviction while replacing the capital punishment with life imprisonment till death.

The appellant, Waris, was convicted by the Special Court under the Protection of Children from Sexual Offences Act, Jaora, on December 17, 2018.

The trial court awarded him the death penalty for rape and murder, besides five years of rigorous imprisonment under Section 201 IPC for causing disappearance of evidence.

The Madhya Pradesh High Court subsequently confirmed both his conviction and death sentence. 

On sentencing, the Supreme Court emphasised that the gravity of an offence, however serious, does not by itself conclude the inquiry into whether the death penalty is warranted. The possibility of reformation remains a relevant consideration, particularly where the offender has no criminal antecedents and the material before the Court does not exclude the prospect of reform.

The case concerned the daughter of Waris's third wife from a previous marriage.

The prosecution relied on the testimony of the child's mother, medical findings and DNA evidence to establish the sexual assault.

The post-mortem examination revealed multiple injuries on the child's body, with the medical panel concluding that she died from asphyxiation caused by throttling.

The Supreme Court observed that "the gravity of the crime, and in particular the sustained sexual violation of a child by her guardian and her killing to conceal that violation" made ordinary life imprisonment with the possibility of remission after 14 years inadequate.

The Supreme Court therefore ordered that the sentence be converted to imprisonment for the remainder of Waris's natural life, making clear that "no remission shall be granted”.

The conviction remains intact, and Waris will consequently remain incarcerated for the whole of his natural life unless the sentence is altered through a subsequent judicial or legally permissible process.